SHRIRAM GENERAL INSURANCE CO. LTD. Vs. POLISETTY ANUPAMA

JUDGEMENT

(1.) This Revision Petition has been filed against the impugned Order dtd. 5/3/2019, passed by the Ld. State Consumer Disputes Redressal Commission, Andhra Pradesh in FA No. 173 of 2015, vide which the Appeal filed by the Petitioner was dismissed, and the Order of the Ld. District Forum was affirmed.

(2.) The factual background, in brief, is that the Complainant owns a Tata LPT 2515 lorry with Registration No. AP 16 TV 5009, which was insured with the Petitioners under Policy No. 10002/31/13/011082 until 25/10/2013. On 10/6/2013, the vehicle was involved in an accident near Kosangipuram Junction, NH-16 Road, Palasa, Srikakulam District, Andhra Pradesh. The incident was registered as an FIR in Crime No. 157/2013 by the Kasibugga Police Station, Srikakulam District, resulting in a significant damage to the Complainant's vehicle. After the accident, the Complainant promptly informed the Insurance Company/Petitioners, and a survey was conducted by their authorized surveyor. The Complainant then moved the vehicle to a mechanic shed for repairs. The surveyor assessed the loss, and subsequently, the Petitioners requested the Complainant on 26/9/2013 to submit the required documents for processing the claim. The Complainant duly submitted all necessary documents, including bills for the repairs incurred on the damaged vehicle. However, the Petitioners delayed in settling the claim without providing any valid reason. In response to this delay, the Complainant issued a Legal Notice dtd. 24/11/2013 to the Petitioners, seeking resolution of the claim. Despite the notice, the Petitioners neither replied nor settled the claim. Consequently, aggrieved by the non-payment of the claim, the Complainant filed her complaint before the Ld. District Forum, Vijayawada.

(3.) The District Forum vide its Order dtd. 15/9/2014 partly allowed the complaint and directed the Opposite Parties to jointly and severally pay to the Complainant Rs.1,95,580.00 with interest @12% p.a. from the date of filing of complaint till realization along with Rs.5,000.00 towards compensation and Rs.2,000.00 towards litigation costs. The Petitioner filed Appeal against the Order in the State Commission which dismissed it and upheld the Order of the District Forum. The relevant extracts of the impugned Order are set out as below -